Contributory Deficiency, NCDRC Reduces Compensation
1 year ago

Contributory Deficiency, NCDRC Reduces Compensation

Live Law  

The National Consumer Disputes Redressal Commission bench led by Mr Justice A.P. Sahi modified the order passed by the State Commission, Andhra Pradesh in favour of the North Eastern Region Institute of Science and Technology which alleged deficiency in service on part of M/s Intec Infonet Pvt. The NCDRC observed that the deficiency and negligence could not be entirely attributed to Intec Infonet and the State Commission erred in assessing the delay period and wrongfully imposed a higher compensation amount. NERIST issued a legal notice and subsequently filed a complaint before the State Consumer Disputes Redressal Commission, Andhra Pradesh alleging deficiencies in the services provided by Intec. Observations by the National Commission: The NCDRC observed that the entire delay could not be attributed to Intec as NERIST’s site and room were not available beyond the period of the contract.

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History of this topic

Withholding Deposit Without Any Prospect Of Delivering Possession: NCDRC Holds Realtech Development Liable For Deficiency In Service
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3 weeks, 3 days ago

Withholding Deposit Without Any Prospect Of Delivering Possession: NCDRC Holds Realtech Development Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by Justice Karuna Nand Bajpayee and Dr. Sadhna Shanker, held that withholding the buyer's deposit amount beyond the estimated date without any prospect for delivering the possession amounts as deficiency in service. Brief Facts of the Case The complainants booked a residential unit from Realtech Development and Infrastructure/developer for Rs. Despite repeated inquiries, …

NCDRC Holds Rajasthan Housing Board Liable For Deficiency In Service For Arbitrary Cancelling Booking
3 weeks, 3 days ago

NCDRC Holds Rajasthan Housing Board Liable For Deficiency In Service For Arbitrary Cancelling Booking

Live Law  

The National Consumer Disputes Redressal Commission, presided by Justice Sudip Ahluwalia and Mr. Rohit Kumar Singh, held that raising demand for additional amounts and arbitrary cancelling of the booked flat amounts as deficiency in service. Contentions of the Developer The developer argued that the complainant provided contradictory affidavits regarding her income and failed to deposit the required registration amount of …

Reliance On Force Majeure Clause To Justify Prolonged Delays Unacceptable : NCDRC Holds Developer Liable For Deficiency In Service
3 weeks, 6 days ago

Reliance On Force Majeure Clause To Justify Prolonged Delays Unacceptable : NCDRC Holds Developer Liable For Deficiency In Service

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that reliance on force majeure clauses to justify prolonged delays in possession is unacceptable and amounts to deficiency in service. Observations by the National Commission The National Commission observed that there was a clear deficiency in service by the developer, as possession of the …

Intent Behind Purchasing Shop Was Self – Employment, NCDRC Holds Complainant As Consumer, Orders Refund
1 month, 2 weeks ago

Intent Behind Purchasing Shop Was Self – Employment, NCDRC Holds Complainant As Consumer, Orders Refund

Live Law  

National Consumer Disputes Redressal Commission Bench, comprising AVM J. Rajendra, held that the complainant who purchased a shop in the builder's commercial project qualifies as a consumer as the intent behind the purchase was self employment. Previously, the State Commission had dismissed the complainant's complaint on the grounds that the shop was intended for commercial use and therefore, the complainant …

Refunded Amount Should Be Paid From Date Of Deposit To Ensure Restitution: NCDRC
3 months, 2 weeks ago

Refunded Amount Should Be Paid From Date Of Deposit To Ensure Restitution: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and AVM J. Rajendra, held that the refunded amount should be paid from the date of deposit and should be both restitutionary and compensatory. Brief Facts of the Case The complainant booked a flat with the Punjab Urban Planning & Development Authority/developer and paid ₹3,00,000 as earnest money. The …

“Compensation” Includes Compensation For Physical, Mental Or Emotional Suffering: NCDRC
4 months, 1 week ago

“Compensation” Includes Compensation For Physical, Mental Or Emotional Suffering: NCDRC

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The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held T & T Motors liable for deficiency in service for refusing timely repair services while the product was still under warranty. Consequently, the dealer appealed to the National Commission against the State Commission's order. Contentions of the Dealer The dealer argued that the State Commission failed to …

Onus To Prove Deficiency Lies With Complainant: NCDRC
4 months, 2 weeks ago

Onus To Prove Deficiency Lies With Complainant: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Dr. Inder Jit Singh, held that the onus to prove the deficiency of service against the respondent lies with the complainant. The District Forum directed the finance company to hand over the possession of the vehicle to the complainant in the same condition as it was on the date of taking forcible …

Consumer Forums Can't Entertain Complaints Involving Allegations Of Embezzlement: NCDRC
5 months ago

Consumer Forums Can't Entertain Complaints Involving Allegations Of Embezzlement: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission bench of J. Rajendra dismissed a revision petition filed against the postal department pertaining to the confiscation of the Complainant's recurring deposit account due to allegations of embezzlement. Feeling aggrieved, he filed a consumer complaint before the District Consumer Disputes Redressal Commission, Aligarh. Aggrieved by the District Commission's order, the Officials filed an appeal …

Consumer Cases Half-Yearly Digest: January To June 2024
5 months ago

Consumer Cases Half-Yearly Digest: January To June 2024

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Supreme Court Medical Negligence | Supreme Court Awards Rs 10 Lakh Compensation To Patient Who Developed Hoarseness In Voice After Trainee Gave Anaesthesia Case Title: J. DOUGLAS LUIZ THROUGH LEGAL REPRESENTATIVES VERSUS MANIPAL HOSPITAL | CIVIL APPEAL NO.1700 OF 2024 Citation: 2024 LiveLaw 134 The Supreme Court recently awarded Rs. National Consumer Disputes Redressal Commission Rejection Of A Surveyor's Report …

Consumer Cases Weekly Round-Up: 27th May To 2 June 2024
6 months, 2 weeks ago

Consumer Cases Weekly Round-Up: 27th May To 2 June 2024

Live Law  

National Consumer Disputes Redressal Commission Rejection Of A Surveyor's Report Must Be Due To Arbitrariness: NCDRC Case Title: United India Insurance Co. Ltd Vs. M/S. National Consumer Disputes Redressal Commission Delay In Delivery Of Possession: NCDRC Holds Emaar MGF Land Liable For Deficiency In Service Case Title: Mohan Shyam Dubey Vs. M/S Emaar MGF Land Ltd. National Consumer Disputes Redressal …

Commissions Cannot Condone Delay If Not Provided With Satisfactory Explanation: NCDRC
6 months, 3 weeks ago

Commissions Cannot Condone Delay If Not Provided With Satisfactory Explanation: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by Subhash Chandra and Sadhna Shanker, in a case against Parsvnath Developers, held that the commissions cannot allow an application for condonation of delay if not provided with a sufficient cause. The state commission observed that the explanation provided by the complainant lacked evidence and did not satisfactorily justify the delay. The commission …

Deficiency In Service: NCDRC Dismisses Indian Railways' Revision Petition, Directs To Compensate Rs. 4.6 Lakhs
1 year, 4 months ago

Deficiency In Service: NCDRC Dismisses Indian Railways' Revision Petition, Directs To Compensate Rs. 4.6 Lakhs

Live Law  

The NCDRC under the Presiding Member Dr. Inder Jit Singh dismissed the Revision Petition filed by the Indian Railways holding it liable for deficiency in service. Observations of the Commission: The NCDRC dismissing the Revision Petition observed that there is no merit in the Railways' argument that the incident falls outside the jurisdiction of the Consumer Protection Act and should …

Failure To Properly Explain The Delay In Filing: NCDRC Dismisses The Revision Petition
1 year, 6 months ago

Failure To Properly Explain The Delay In Filing: NCDRC Dismisses The Revision Petition

Live Law  

The New Delhi bench of the National Consumer Disputes Redressal Commission, comprising Justice Deepa Sharma as the Presiding Member, emphasized that condonation of delay is not an inherent right but necessitates the person seeking it to present a valid explanation for each day of delay and establish a reasonable ground for not approaching the court within the prescribed limitation period. …

Doctor Liable For Negligence, NCDRC Confirms The Order Of The State Commission
1 year, 9 months ago

Doctor Liable For Negligence, NCDRC Confirms The Order Of The State Commission

Live Law  

A single bench of National Consumer Dispute Redressal Commission, of Dr. S.S. Kantikar in a Revision Petition, has confirmed the Order passed by the District Forum and State Commission. Aggrieved by order of the District Forum, the Doctor filed an Appeal before the State Commission, Lucknow, U.P. Aggrieved by the Order of the State Commission, the Doctor filed a Revision …

NCDRC Upholds Rs. 10 Lakh Compensation To Diabetes Patient Whose Fingers Were Amputated After Hospital Tied Her To Bed Overnight
1 year, 10 months ago

NCDRC Upholds Rs. 10 Lakh Compensation To Diabetes Patient Whose Fingers Were Amputated After Hospital Tied Her To Bed Overnight

Live Law  

The National Consumer Disputes Redressal Commission on Friday upheld the order of Delhi State Commission awarding Rs. 10 Lakhs compensation to a diabetes patient whose fingers were amputated after the hospital tied her to a bed overnight. The NCDRC noted that in the instant case, the husband of the complainant patient had lost confidence on OP hospital and had taken …

NCDRC Should Not Return Complaint Unadjudicated For Misjoinder Of Parties : Supreme Court
2 years, 9 months ago

NCDRC Should Not Return Complaint Unadjudicated For Misjoinder Of Parties : Supreme Court

Live Law  

The Supreme Court recently set aside an order of the National Consumer Disputes Redressal Commission which returned a complaint unadjudicated due to misjoinder of parties.Terming the approach of the NCDRC "erroneous", the Supreme Court observed that the if there was misjoinder of parties, the unnecessary parties should be deleted, instead of returning the complaint.A bench comprising. The Supreme Court recently …

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